According to reports, the Nigerian Communications Commission
(NCC) is pressing forward with so-called 'lawful interception’ which
will give the NCC and security agencies powers to intrude into private
communications of Nigerians such as telephonic calls, e-mail messages
and SMS in the name of enhancing national security; prevention of crime
committal; and facilitating criminal investigations.
According
to sources, some lawyers claim that lawful interception has a strong
legal basis, but most Nigerians are worried that the provision of
surveillance and interception capabilities would facilitate human rights
abuses by security forces in a country like Nigeria.
Reports also say that at the public hearing of the proposed law in Abuja on
Tuesday last week, stakeholders, insisted that such regulation must
pass through the process of law making in order to make sure that it did
not invalidate rights guaranteed by the constitution of the country.
But Dr. Eugene Juwah, executive vice chairman, NCC said that “The
commission is certain that the regulations will provide the guiding
standards and principles for an effective regime on lawful interception
of communications and licensing in the Nigerian telecommunications
industry."
"This also represents another
effort by the commission towards ensuring that the standards in the
industry reflect international best practices while taking into
consideration our local circumstances.” He added.
When
the regulation comes into force, it will provide a framework for
authorised security officials to intercept calls or messages that they
have reasons to believe put the lives of individuals or security of a
community at risk.
Numerous reports reveal that
the House of Representatives had earlier this year passed the second
reading of the controversial bill on lawful Interception. The Senate
endorsed the bill since September 2013.
According to sources, Mallam Nasir el-Rufai, now governor of Kaduna state had at a forum organised by JACITAD a few years back, insisted that “Lawful
interception is necessary but in the mould of Electronic Privacy Act as
it is done in other countries. You must get a warrant from a judge
before your communications is monitored”
Gbenga Sesan, executive director, Paradigm Initiative Nigeria amplified it when he said that “without
the appropriate laws enacted, one of the problems we will have is that
people will be hunted down and killed because of the military mentality
in most of us”
He noted that the
National Assembly was yet to legislate on the
Data Privacy Protection Bill. Therefore, he expressed fears that with the new bill, internet freedom will no longer be guaranteed.
